urgent zzps debt collector letter

bod1467

Ask your husband if he wants this company to scam any of your pensioner relatives. Because if he insists on falling for this scam that's what he'll be enabling - providing more funds for the PPC to scam more people.

stressed222

thanks everyone for advice. just worried if we wait and ppc do take him to court because theres been several tkts issued , how much the final sum could be. Also does he need to send any letters to the debt collectors ie pcn and zzps? and the letter from elite themselves asking for 100 does he need to resond to this one?

Redx

nobody can tell you what that "final bill" would be

I would ignore the debt collectors myself, take his chances on legal arguments if ELITE take him to court

as for the last ticket from elite, he should appeal it using the template letter in post #1 of the newbies sticky thread, same as he should have done with all the others

stressed222

hi ive been reading elite managements letter from 28 march 2015
reads at bottom"We are fully aware of anecdotal information being presented on internet and on various websites and you may feel this guidance is worth following. I stronly urge you to seek independent legal adviced rather than rely on these opinions. I also respectfully suggestyou refer to sched 4 of the protec of freeedoms act 2012- recovery of unpaid park charges"
This is frightening!

Redx

so send the template letter and appeal, same as thousands of other people have done and is done on a daily basis

if these things had been dealt with correctly at the time its a lot easier to deal with, but he didnt do so which means he must face the consequences as an adult of 19 (not a minor)

that is why I said he must challenge the last one and appeal it, ideally and win it

if he wins the last one (and doesnt get any more) its a good defence for all the others if he ever needs a defence

sitting on his hands and wailing wont do any good now

so challenge the one he can challenge

have his day in court with the rest, try to win in court, pay up if he loses in court (if it ever goes to court)

its only parking tickets, its not operation yewtree or the phone hacking scandal, those would be frightening if he was being investigated for them , keep it real and in perspective

its a civil dispute, like you see on Rinder on ITV, not a criminal case like Rolf or Clifford or Talbot

Grimble

If they put, we just want your money, we will lie, make it up as we go along, we are a dishonest company, would you pay them? They do not want you appealing to POPLA as they know they will lose.

stressed222

is

Date


Dear Sirs

Re: PCN No. ....................

I challenge this 'PCN' as keeper of the car, on these main grounds:

a). The sum does not represent a genuine pre-estimate of loss, nor is it a core price term. It is extravagant and unconscionable when compared to local parking charges issued by the Council so cannot be justified.
b). As keeper I believe that the signs were not seen, the wording is ambiguous and the predominant purpose of your business model is to deter.
c). There is no evidence that you have any proprietary interest in the land.
d). Your 'Notice' fails to comply with the POFA 2012 and breaches various consumer contract/unfair terms Regulations.
e). There was no consideration nor acceptance flowing from both parties and any contract with myself, or the driver, is denied.

Your clients should be thoroughly ashamed of the shoddy way you treat consumers visiting their premises. Parking firms like yours fail to demonstrate even a basic understanding of customer service. The reputation of your business model appears to be more akin to a protection racket than 'parking management'. The public have no faith in the private parking industry and, as far as I have seen, your firm has not shown itself to be any different than the ex-clampers with whom you share a membership.

The purpose of this communication is:

1. Formal challenge
There will be no admissions as to who was driving and no assumptions can be drawn. As such, you must either rely on the POFA 2012 or cancel the charge. I suggest you uphold this challenge now or alternatively, send a rejection letter.

2. ''Drop hands'' offer
The extravagant 'parking charge' is baseless but I realise that you may have incurred nominal postage costs. Equally, I have incurred costs to date, for responding to your junk mail dressed up to impersonate a parking ticket. It is clear that my costs and yours, at this point, do not exceed £15. Therefore, this is a formal “drop hands” offer. I remind you of the duty to mitigate any loss, so withdraw the spurious charge within 35 days without further expense and I will not pursue you for my costs. If you persist then I will charge in full for my time at £18 per hour plus my out-of-pocket expenses and damages for harassment.

3. Notice of cancellation of contract
I hereby give notice of withdrawal from this alleged 'contract' which was never properly offered by you and certainly was not expressly agreed. This 'contract' is hereby cancelled and any obligations now end. If you offer - and if I decide to use - IAS or POPLA, then the contract ends immediately on the date of their decision (whatever the outcome) so my notice of cancellation still applies. The Consumer Contracts (Information, Cancellation & Additional Payments) Regulations apply now to every consumer contract, save for a few exemptions, which parking contracts are not. Following the EU Consumer Rights Directive, express consent must be obtained for consumer contracts now - not implied consent. You have failed to meet these requirements and you did not serve the driver with the terms by durable medium.

By replying to the challenge you are acknowledging receipt and acceptance of points 2 and 3 above.

I have kept proof of submission of this challenge. I look forward to your considered reply within 35 days.

Yours faithfully, this the template he needs to use to appeal against elites letter?

stressed222

is this the sticky he needs to use or have i got the wrong one?

bod1467

Yes. Maybe remove the "rant" paragraph (Your clients should be thoroughly ashamed....)

stressed222

Hi my son says his car was photographed by the attendants when he was given the parking tickets. Is this compulsory and does it matter? Also on the appeal letter must using his car reg not the parking ticket number because hes obviously got quite a number and i only know the tkt number for 1 of them. Also should I use the words "i challenge these Pcn" as opposed to "I challenge this pcn" because theres more than 1 as it reads on the original sticky.